A metal manufacturer who collided with a motorbike rider and caused him serious injuries that required his leg be "pinned back together" has walked from court without a conviction.
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Ricardo Alfredo Pontigo Gutierrez, 54, was driving from his Haywards Bay home to Port Kembla for his night shift at around 11pm on October 29, 2023 when he hit a motorbike at a roundabout.
It was dark and rainy as Gutierrez failed to give way to the motorcyclist, who fell from his vehicle and sustained severe injuries to his left ankle. including a compound fracture which required surgery.
Tendered court documents also stated the motorbike rider's leg had to be "pinned back together", however there were no updates on his condition as Gutierrez was sentenced for the accident.
Gutierrez remained at the scene to help until emergency services arrived and later told police "I didn't see anything coming" and that he was travelling at about 10 to 20kmh.
"I saw him when we contacted and crashed," Gutierrez said at the scene.
He confirmed a guilty plea to negligent driving occasioning grievous bodily harm at Wollongong Local Court on Wednesday.
Defence lawyer Michael Mandicos said his client had done everything in could, including later assisting at the police station.
Police prosecutor Sergeant Amelia Wall submitted the injuries were very serious but noted Gutierrez was of good character and that the motorcyclist was disqualified from driving at the time.
Magistrate Claire Girotto took into account that Gutierrez' negligence was "very, very low" but that he made a "minor mistake with major consequences".
She opted to grant Gutierrez a two-year conditional release order without a conviction.
Grace Crivellaro
Court reporter for the Illawarra Mercury.
Court reporter for the Illawarra Mercury.
